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ORDINANCE ON DISABLED PERSONS

ORDINANCE ON DISABLED PERSONS

(No. 06/ 1998 /PL-UBTVQH10 of July 30, 1998)

To protect, care for and create conditions for the disabled to integrate with the community are activities of deep economic, political, social and humanistic significance and a fine tradition of our nation;

Pursuant to Article 59, Article 67 and Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Resolution of the National Assembly, Xth Legislature, 2nd Session on the program of elaborating laws and ordinances in 1998;

This Ordinance provides for the responsibility of the family, the State and society toward disabled persons, and the rights and obligations of disabled persons.

Chapter I

GENERAL PROVISIONS

Article 1.- Disabled persons by definition of this Ordinance, irrespective of the causes of the disability, are defective of one or many parts of the body or functions which are shown in different forms of disability, and which reduce the capability of activity and causes many difficulties to work, life and studies.

Article 2.- Disabled persons who are war invalids and diseased soldiers as defined in Article 12 and Article 13 of the "Ordinance on preferential treatment of revolutionary activists, fallen heroes and families of fallen heroes, war invalids, diseased soldiers, activists in the wars of resistance and persons with meritorious activities in assisting the revolution", who are honored by the State and society, in addition to enjoying the specific regime of preferential treatment by the State according to law, also benefit from interests as provided for in this Ordinance and not yet defined in separate specific regimes of preferential treatment.

Article 3.-

1. The State encourages and creates favorable conditions for disabled persons to exercise on an equal basis their political, economic, cultural and social rights and develop their abilities to stabilize their life, integrate themselves into the community and take part in social activities.

2. Disabled persons are assisted by the State and society in healthcare and functional rehabilitation, in the procurement of suitable jobs and are eligible to other rights as prescribed by law.

Disabled children and persons invalidated by the consequences of dioxin during the war shall receive special protection and care by the State and society.

3. Disabled persons have the duty to overcome difficulties to integrate themselves into the community, observe law and public order and respect social ethics.

Article 4.-

1. The parents, other members in the family and the tutor of the disabled person have the duty to raise, care for and assist the disabled person to recover his/her functions, to study, work and take part in social life.

2. Seriously disabled persons without any source of income and without support shall be assisted, cared for and raised by the State and society at their place of residence or at social establishments of the State and social organizations.

3. Old and senile seriously disabled persons who have close relatives but whose families are too poor economically to care for them shall receive social allowances.

Article 5.-

1. Each year the State shall set aside a budget fund and campaign among society to assist disabled persons in getting health checks and treatment, in functional rehabilitation, education, job training and procurement in order to stabilize their life.

2. The State encourages and creates favorable conditions for organizations and individuals inside and outside the country, Vietnamese settlers abroad to take part in social and charity activities in appropriate forms to help the disabled.

Article 6.- State agencies, political organizations, socio-political organizations, social organizations, socio-professional organizations, economic organizations, units of the People's Armed Forces and all citizens have the responsibility to carry out programs and measures to prevent disability, prevent and fight against disasters of all kinds and limit the danger of incidence of disability.

Article 7.-

1. Disabled persons are entitled to set up, join and operate in social organizations, production and business associations of disabled persons as provided for by law.

2. Organizations and individuals are entitled to set up and join associations in support of disabled persons according to prescriptions of law.

Article 8.- The Vietnam Fatherland Front and its member organizations, and other social organizations have the responsibility to call on the people to carry out the Ordinance on Disabled Persons; take part in organizing the health care and functional rehabilitation for disabled persons, especially disabled children; supervise the implementation of the legislation on disabled persons and propose to the related State agencies on the protection and care for the disabled.

Article 9.- It is strictly forbidden to take any act of discrimination or maltreatment against disabled persons, to abuse the body, dignity and honor of the disabled persons, misuse, entice or force them or misuse the organizations of disabled persons to carry out acts in contravention of law.

Chapter II

CARING FOR THE HEALTH AND SUPPORTING THE RAISING OF DISABLED PERSONS

Article 10.-

1. Disabled persons are entitled to disease prevention, health care and functional rehabilitation; health examinations and treatment at medical establishments.

2. Seriously disabled persons without income and support and poor disabled persons are assured medical examinations and treatment free of charge.

3. Persons with serious forms of mental illness who pose threat to society must be put under obligatory treatment at mental establishments.

Article 11.-

1. Disabled persons shall receive functional rehabilitation and shall be supplied with necessary orthopedic services from specialized agencies combined with the participation of the community. Poor disabled persons shall be supplied free of charge or supplied part of the cost or shall be guided to make ordinary aids in functional rehabilitation.

2. Disabled persons and their families shall be guided by the medical agency in healthcare, functional rehabilitation and the use of orthopedic aids.

Article 12.-

1. The People's Committees at various levels shall coordinate with social organizations to organize appropriate forms of care to admit seriously disabled persons without income and support.

2. The monthly allowances for seriously disabled persons without income and support shall be prescribed by the Government.

If they die they shall receive funeral allowances from the State.

3. The cost of raising seriously disabled persons without income and support shall be taken from the budget at various levels, from donations from organizations and individuals inside and outside the country and from other sources.

4. Seriously disabled persons in the social establishments of the State shall receive allowances on services for seriously disabled persons representing 30% of the wages based on the specializations and grades.

Article 13.- The State shall provide monetary support for scientific research projects on disabled persons and in training specialists in functional rehabilitation for disabled persons.

Establishments producing instruments and equipment to aid the life, education and work of disabled persons are entitled to borrow funds at preferential interest rate prescribed by the Government from the National Fund for Job Settlement.

Article 14.-

1. The State encourages the production of instruments and equipment to aid disabled persons in their life, studies and work, especially the production of such instruments and equipment involving the use of materials and production means in the localities.

2. Documents, instruments and specialized equipment used in scientific research, donated as humanitarian aid, or nonrefund aid or imported for use for the benefit of disabled persons or donated by foreign organizations and individuals or given as humanitarian aid to disabled persons shall be exempted from import tax as provided for by the tax legislation.

Chapter III

CULTURAL EDUCATION FOR DISABLED PERSONS

Article 15.- Students who are disabled shall be considered by the schools for reduction or exemption of school fees and other contributions to the school, shall receive social allowances and shall be considered for the granting of scholarships according to State regulations.

Article 16.-

1. Education for disabled children shall be organized and carried out in the forms of integration schooling at general schools or specialized schools for the disabled, nursing homes for the disabled and at the family.

2. Disabled children with special gifts are given priority in the admission to the corresponding schools for such gifts.

3. Teachers teaching at special schools and classes for disabled persons shall enjoy the regime of preferential allowances as provided for by the Government.

Article 17.-

1. Students who are disabled boarders at educational and nursing establishments shall enjoy the regimes and policies prescribed by the Government.

2. The State shall create favorable conditions for organizations and individuals to open schools and classes specifically reserved for disabled persons.

3. The State encourages foreign organizations and individuals and Vietnamese settlers abroad to adopt programs and projects to provide financial, professional and technical assistance to the education combined with functional rehabilitation of disabled persons in Vietnam.

Chapter IV

JOB TRAINING AND EMPLOYMENT FOR DISABLED PERSONS

Article 18.-

1. The State, job training establishments, and economic organizations shall create favorable conditions for disabled persons to choose their trades, learn trades and find jobs for themselves or to work right at home in a way suitable for their health and their work capabilities.

Job learning disabled persons shall be exempted from training fee and are entitled to social allowances as provided for by the Government.

2. Organizations and individuals of all economic sectors that take in disabled persons to learn trades or to work or that provide jobs for disabled persons shall enjoy preferential policies as stipulated by labor legislation.

Article 19.- Job training establishments that take in disabled persons for job training and job training establishments exclusively reserved for disabled persons shall be considered for tax reduction and exemption, are entitled to borrow capital at preferential interest rate under job training projects; are assigned or leased land by the locality at places convenient for the organization of job training; are assisted financially by the Government to build schools and classes and purchase equipment and means to teach and train teachers.

Article 20.-

1. Disabled persons who provide jobs for themselves or work at home are eligible to borrow capital at preferential interest rate, are assisted by the local administration in technology transfer, guided in production and technique and in marketing their products.

2. Employment service centers shall have to assist, reduce or exempt fees for disabled persons who need vocational guidance or consultancy, job training and job seeking.

Article 21.-

1. Administrative and non-business agencies must not refuse job applicants who are disabled persons and who meet all the criteria for the suitable jobs for which the agency has the need of recruitment.

2. The recruitment of disabled persons to work at enterprises of all economic sectors and all forms of ownership shall be carried out according to the prescriptions of the labor legislation.

3. When recruiting laborers who are disabled persons, the employer must conform with the prescriptions of the Labor Code and specific regulations regarding laborers who are disabled persons.

Article 22.- Production and business establishments reserved for disabled persons shall be exempted from tax and can borrow capital at low interest rate proportionally with the project of production and business development, are considered for capital loans or financial support from the Fund reserved for disabled persons, are eligible for assignment or rent of land by the locality at a place convenient for their production and business activities.

Article 23.-

1. The capital of production and business establishments reserved for disabled persons derives from the sources of capital contributed by members, from the support or lendings from the Fund for employment reserved for disabled persons according to the approved projects; shares contributed by individuals and organizations, humanitarian aid from organizations and individuals inside and outside the country.

2. The capital allocated by the State and donated as support from organizations and individuals inside and outside the country to the job training establishments and production and business establishments reserved for disabled persons must be managed and used for the common benefit of the collective of the disabled persons and must not be distributed to individuals.

Chapter V

CULTURAL, PHYSICAL TRAINING AND SPORT ACTIVITIES AND THE USE OF PUBLIC UTILITY WORKS OF THE DISABLED PERSONS

Article 24.- The State and society shall create favorable conditions for disabled persons to develop their creative potentials in literature, art, sport, science and technique; to take part in creation, performance and competitions in the country and international events and other cultural and sport activities compatible with their capabilities and health.

Article 25.- Cultural, physical training and sport establishments must create favorable conditions for disabled persons and give priority to assisting those who want to take part in cultural activities, physical training and sport, in procuring appropriate technical equipment and means and to effectively assist the training of special sports reserved for disabled persons.

Article 26.- The investment in the construction and reconditioning of dwelling houses and public utility works and in designing and manufacturing means of living, communication and liaison means must take into account their convenient use by disabled persons, first of all those defective in movement and eyesight. At the same time it must observe the norms and criteria of construction promulgated by the competent State agencies.

Chapter VI

STATE MANAGEMENT OF THE PROTECTION AND CARE FOR DISABLED PERSONS

Article 27.- State management of the protection and care for disabled persons comprises the main following contents:

1. To promulgate, amend, complement and guide the application and organize the implementation of legal documents on disabled persons and the policies and regimes with regard to disabled persons;

2. To classify different forms of disability, defined the various degrees of disability, inventorize the number and structure of disabled persons according to the forms of disability, degree and causes of disability as basis for the elaboration of policies and measures to prevent disability and help the disabled persons;

3. To formulate and organize the execution of programs and projects on the socialization of the assistance to disabled persons;

4. International cooperation relations in the field of protecting and caring for disabled persons;

5. To organize the review and general review of the implementation of the policies and regimes with regard to disabled persons;

6. To inspect and check the implementation of legislation on disabled persons, settle complaints and denunciations on the violations of policies and regimes with regard to disabled persons;

7. To reward and handle the violations of legislation on disabled persons.

Article 28.-

1. The Government exercises unified State management of the protection and care for disabled persons in the whole country.

2. The Ministry of Labor, War Invalids and Social Affairs has the responsibility to conduct State management of the protection and care for disabled persons.

3. The Ministries, the ministerial-level agencies, the agencies attached to the Government, within their functions, tasks and powers, have the duty to coordinate with the Ministry of Labor, War Invalids and Social Affairs in exercising State management of the protection and care for disabled persons.

4. The People's Committees at various levels within their functions, tasks and power shall have to conduct State management of the protection and care for disabled persons in their locality.

Article 29.- The Government shall direct the branches and levels to draw up programs for preventing disability and helping disabled persons, especially seriously disabled persons without income and support, poor disabled persons and disabled persons in the countryside, mountain areas and remote regions.

Article 30.-

1. The humanitarian aid fund for disabled persons shall be founded in diversified forms, in money or in kind, through the reception of humanitarian aid or charity actions of the people, economic organizations, political organizations, socio-political organizations, social organizations, foreign organizations and individuals to supplement the fund in order to increase the expenditures in support of disabled persons.

2. The Vietnam Fatherland Front and its member organizations shall campaign among the various strata of the population, the economic organizations, the social organizations to build the Humanitarian Fund in support of the disabled persons on a voluntary basis.

The Government shall provide for the founding and operations of the Humanitarian Fund in support of disabled persons.

Article 31.- The 18th of April each year is taken as Day of Protection and Care for Disabled Persons.

Chapter VII

REWARDS, HANDLING OF VIOLATIONS

Article 32.- Organizations and individuals that make outstanding achievements in the protection and care for disabled persons or that have the merit of detecting and preventing acts of violation of the legislation on disabled persons, and disabled persons with meritorious achievements in study, labor and social activities shall be awarded according to the general stipulations of the State.

Article 33.- Persons who violate the stipulations of this Ordinance, who infringe upon the legitimate rights and interests of disabled persons, persons having the responsibility to care for disabled persons but renouncing on their responsibility or maltreating disabled persons; those who misuse the disability of others; disabled persons who misuse their disability to commit acts of violation of law shall, depending on the character and extent of the violation, be disciplined, put on administrative sanctions or examined for penal liability; if they cause damage they shall have to pay compensations therefor as provided for by law.

Chapter VIII

IMPLEMENTATION PROVISIONS

Article 34.-

1. Disabled persons who are foreigners living in Vietnam are eligible for the application of a number of articles in this Ordinance according to prescriptions of the Government, unless otherwise provided for by international conventions which the Socialist Republic of Vietnam has signed or adhered to.

2. This Ordinance takes effect from November 1st, 1998.

The earlier stipulations which are contrary to this Ordinance shall be annulled.

Article 35.- The Government shall provide details and guidance for the implementation of this Ordinance.

On behalf of the Standing Committee

of the National Assembly

Chairman

NONG DUC MANH